The Bassick Co.

National Labor Relations Board - Board Decisions

Jan 5, 1946

65 N.L.R.B. 172 (N.L.R.B. 1946)

In the Matter of THE BASSICK COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. 0.
Case No. 2-R-5808.-Decided January 5, 1946
Mr. Ralph I. Rice, of Bridgeport, Conn., for the Company.
Messrs. Thomas Fitzpatrick and James J. Seymour, both of Bridge-
port, Conn., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Bassick Company, Bridgeport, Connecticut,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Louis Plost,
Trial Examiner. The hearing was held at Bridgeport, Connecticut,
on September 21, 1943. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Bassick Company, a Connecticut corporation and an affiliate
of Stewart-Warner Corporation of Chicago, Illinois, is engaged in
the manufacture and sale of castings and automotive hardware. For
this purpose it operates a plant at Bridgeport, Connecticut, with which
we are concerned herein. During the year 1944, the Company pur-
chased raw materials valued in excess of $500,000, 15 percent of which
65 N. L. R. B., No. 33.
172
THE BASSICK COMPANY 173
was shipped to the Company from points outside the State of Connect-
icut. During the same period, the Company manufactured and sold
products valued in excess of $1,000,000, 90 percent of which was
shipped by it to points outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties made
at the hearing, we find that all employees of the Company at its
foundry located at Bridgeport, Connecticut, excluding, watchmen,
truck drivers, and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
1 A Field Examiner reported that the Union submitted 8 authorization cards bearing the
names of employees listed on the Company's pay roll for the week starting July 30, 1945.
There are approximately 11 employees in the appropriate unit.
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9, (c) of the National Labor Relations
Act, and pursuant to Article 111, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Bassick
Company, Bridgeport, Connecticut, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, C. I. O., for the
purposes of collective bargaining.